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Vacatur

Definition

Latin for "it is vacated."  A rule or order that sets aside a judgment or annuls a proceeding.

Illustrative caselaw

See, e.g. Monsanto Co. v. Geertson Seed Farms, 130 S.Ct. 2743 (2010).

See also

 

"The Federal Arbitration Act . . . 9 U.S.C. § 1 et seq., provides for expedited judicial review to confirm, vacate, or modify arbitration awards.  The question here is whether statutory grounds for prompt vacatur and modification may be supplemented by contract.  We hold that the statutory grounds are exclusive."

"[W]e agree with the Ninth Circuit that the FAA confines its expedited judicial review to the grounds listed in 9 U.S.C. §§ 10 and 11, [but] we vacate the judgment and remand the case for proceedings consistent with this opinion [i.e., so that all holdings of this opinion are taken into account]."